HomeMy WebLinkAbout08-3206Heather L. Paterno, Esquire
I.D. #87506
GOLDBERG KATZMAN, RC.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (717) 234-6808 (facsimile)
Counsel for Plaintiff
STEVEN A. EVERETT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. D k- 3ab6 Civil Term
KIMBERLY SHIRLEY, CIVIL ACTION - LAW
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is STEVEN A. EVERETT, who currently resides at 2704 Buxton Road
Harrisburg, Dauphin County, Pennsylvania 17110.
2. Defendant is KIMBERLY SHIRLEY, who currently resides at 103 Hummel
Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
3. Plaintiff seeks shared legal and primary physical custody of-
Name: Miranda Jolie Everett, DOB: June 17, 2005
Present
Residence: 103 Hummel Avenue, Lemoyne, Cumberland County,
Pennsylvania
The child was born out of wedlock.
4. The Child resides with the Defendant herein at 103 Hummel Avenue, Lemoyne,
Cumberland County, Pennsylvania.
Since birth, the Child has resided at the following addresses with the individuals
listed:
Birth to Present:
103 Hummel Avenue, Lemoyne, Pennsylvania
With Plaintiff and Defendant until approximately July 2006; now it is believed that the child
resides with Defendant and possibly some other individuals
6. The mother of the Child is Kimberly Shirley, Defendant herein, who currently
resides at 103 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania.
7. The father of the Child is Steven A. Everett, Plaintiff herein, who currently
resides at 2704 Buxton Road, Harrisburg, Dauphin County, Pennsylvania.
8. The relationship of Plaintiff to the Child is that of Father. Plaintiff currently rents
a portion of a house belonging to Patricia Moore.
9. The relationship of Defendant to the Child is that of Mother. Defendant currently
resides with the child and possibly other persons.
10. Plaintiff has no information of a custody proceeding concerning the Child
pending in a court of this Commonwealth.
11. Plaintiff does not know of any person who is not a party to these proceedings who
has physical custody of the Child or claims to have custody or visitation rights with respect to the
Child.
12. Plaintiff has not participated as a party, witness or in another capacity or in other
litigation concerning the custody of the Child in this or another Court.
13. Each parent whose parental rights to the child have not been terminated and the
persons who have physical custody of the Child have been named as a party to this action.
14. The best interests and permanent welfare of the Child will be served by the relief
requested.
:ODMATCDOCS!DOCS!157425!1 2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him
shared legal and physical custody of the parties' Child, Miranda Jolie Everett, in accordance with
a schedule to be determined.
Respectfully submitted,
KATZMAN, P.C.
Date: S 0 . Oq , 2008
e'ather L faterno
ttorney I.D. #87506
20 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Plaintiff
:ODMAIPCDOCSIDOCSI 157425V
VERIFICATION
I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true
and correct to the best of my knowledge, information and belief. I understand that false statements
contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: ? ` / a? -
STEVEN A. EV TT
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STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KIMBERLY SHIRLEY
DEFENDANT
2008-3206 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 28, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 16, 2008 at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: lsl Dawn S. Sunda Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
OF THE-- P??
2003 KAY 29 P 12: 0
t v J S,a 1
JUN 192008
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this - day of ? V , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. On a temporary basis, pending receipt of the paternity testing currently being conducted
through the Domestic Relations Office, the parties shall have physical custody of the Child in
accordance with the following schedule:
A. The Mother shall have primary physical custody of the Child.
B. The Father shall have partial physical custody of the Child on Thursday, June 19,
2008 from 4:00 p.m. until 8:30 p.m. and beginning Sunday, June 29, 2008 and continuing every
Sunday thereafter from 4:00 p.m. until 8:30 p.m.
C. The Father shall ensure that contact with the Child shall be restricted to the Father's
relatives during his periods of custody.
D. Unless otherwise agreed between the parties, the Father shall provide transportation
for all exchanges of custody under this Order.
2. In the event of receipt of a paternity test result confirming that the Plaintiff is the biological
father of the Child, within ninety (90) days of the date of this Order counsel for either party may
contact the conciliator to schedule an additional custody conciliation conference, if necessary to
establish ongoing custody arrangements. In the event of a paternity test result indicating that the
Plaintiff is not the biological father of the Child, the parties agree that the Father's Complaint for
Custody shall be withdrawn.
The caption in this matter is hereby amended to reflect
Kimberly Shiley.
BY TH COURT
cc: :?}Bather L. Paterno, Esquire - Counsel for Father
? Jessica Holst, Esquire - Counsel for Mother
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STEVEN A.EVERETT
Plaintiff
VS.
KIMBERLY SHILEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Jolie Everett June 17, 2005 Mother
2. A custody conciliation conference was held on June 16, 2008, with the following individuals
in attendance: the Father, Steven A. Everett, with his counsel, Heather L. Paterno, Esquire, and the
Mother, Kimberly Shiley, with her counsel, Jessica Holst, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
AUG 18 2008
STEVEN A. EVERETT
Plaintiff
vs.
KIMBERLY SHILEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this day of 2008, ?- Y ` i, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court is vacated and replaced with this Order.
2. The Mother, Kimberly Shiley, and the Father, Steven A. Everett, shall have shared legal
custody of Miranda Jolie Everett, born June 17, 2005. Major decisions concerning the Child
including, but not necessarily limited to, her health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child, beginning August 13, 2008, on
Sundays and Wednesdays every week from 4:00 p.m. until 8:30 p.m. At such time as the Father
obtains a work schedule, the parties shall cooperate in making any necessary adjustments to the partial
custody schedule to accommodate the Father's work hours.
4. The parties shall share or alternate having custody of the Child on holidays as arranged by
agreement.
0.
5. Unless otherwise agreed between the parties, the Father shall provide transportation for all
exchanges of custody under this Order.
6. Pending further agreement of the parties or Order of Court, the Father shall not take the
Child to the residence of the Father's girlfriend during his periods of custody unless agreed between
the parties in advance.
7. In the event either party intends to remove the Child from the Commonwealth of
Pennsylvania for an overnight period or longer, that party shall provide the other party with advance
notice of the address and telephone number where the Child can be contacted.
8. Within ninety (90) days of the date of this Order, counsel for either party may contact the
conciliator to schedule an additional custody conciliation conference, if necessary, to further address
expansion of the partial custody schedule.
BY THE COUR
Edgar B. Bayley / J.
cc: 7Ssica her L. Paterno, Esquire - Counsel for Father
Holst, Esquire - Counsel for Mother
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STEVEN A.EVERETT
Plaintiff
VS.
KIMBERLY SHILEY
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206 CIVIL ACTION LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Jolie Everett June 17, 2005 Mother
2. A custody conciliation conference was held on August 12, 2008, with the following
individuals in attendance: the Father, Steven A. Everett, with his counsel, Heather L. Paterno, Esquire,
and the Mother, Kimberly Shiley, with her counsel, Jessica Holst, Esquire and Valarie Beaton.
3. The parties agreed to entry of an Order in the form as attached.
l czi? - / 3 ?ay? oz: ?' = " -
Date 0 Dawn S. Sunday, Esquird-J
Custody Conciliator
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STEVEN A. EVERETT, )
Plaintiff )
V. ) No. 2008-3206
KIMBERLY SHILEY, )
Defendant )
Petition for Waiver of Costs
1. I am the Defendant in the above matter and because of my financial condition; I am unable
to pay the fees and costs of prosecuting or defending this action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the
costs of litigation. I represent that the information below relating to my ability to pay the fees and
costs is true and correct:
(A) NAME: KIMBERLY SHILEY
ADDRESS: 103 Hummel Avenue, Lemoyne, Pa 17043
(B) EMPLOYMENT:
If you are presently employed, state:
EMPLOYER: (Not Applicable)
ADDRESS:
SALARY OR WAGES PER MONTH: (Not Applicable)
TYPE OF WORK: (Not Applicable)
If you are presently unemployed, state:
DATE OF LAST EMPLOYMENT: JANUARY 2009
SALARY OR WAGES EARNED TO DATE: $ 968
TYPE OF WORK: CUSTOMER SERVICE
(C) OTHER MONTHLY INCOME WITHIN THE LAST TWELVE (12) MONTHS:
BUSINESS OR SELF-EMPLOYMENT: $ 0
INTEREST OR DIVIDENDS: $ 0
Petition for Waiver of Costs Page 2 of 4
PENSION OR ANNUITIES: $ 0
SOCIAL SECURITY OR S.S.I.: $ 0
SUPPORT: $ 250 (FROM JUNE 2008
TO PRESENT)
UNEMPLOYMENT COMPENSATION: $ 0
WORKER'S COMPENSATION: $ 0
WELFARE: $ 267 (Food Stamps ONLY:
ALL YEAR)
OTHER (Please specify): $ 0
(D) OTHER MONTHLY CONTRIBUTIONS TO HOUSEHOLD SUPPORT:
SPOUSE'S NAME (if living together): (Not applicable)
If your spouse is employed, state:
EMPLOYER:
SALARY OR WAGES PER MONTH:
TYPE OF WORK:
CONTRIBUTIONS FROM CHILDREN: (None)
CONTRIBUTIONS FROM PARENTS: (None)
OTHER CONTRIBUTIONS: (None)
(E) PROPERTY OWNED:
CASH: (None)
CHECKING ACCOUNT: $ 14
SAVINGS ACCOUNT: $ 0
CERTIFICATES OF DEPOSIT, STOCKS, BONDS: (None)
REAL ESTATE / HOME: (None)
MOTOR VEHICLE:
Year Make and model Cost
2000 Ford Escort
OTHER: (None)
(F) DEBTS AND OBLIGATIONS PER MONTH:
$ 4,500 $
Amount
still owed
0
MORTGAGE/RENT: $ 550 WATER/SEWER:
ELECTRIC: $ 35 TELEPHONE:
OIL/GAS/HEAT: $ 33 CABLE:
FOOD: $ 300 CLOTHING:
$ N/A
$ 30
$ 60
$ 40
Petition for Waiver of Costs Page 3 of 4
CHILD SUPPORT: $ N/A CHILD CARE: $ 0
TRANSPORTATION: $ 75 MEDICAL EXPENSES: $ 6
LOAN PAYMENTS: $ 0 CREDIT CARD PAYMENTS: $ 100
INSURANCE: $ 55 MISCELLANEOUS: $ 0
(G) PERSONS DEPENDENT UPON YOU FOR SUPPORT:
CHILDREN (STATE NAMES AND AGES):
Name Age
Miranda J. Everett 4 years
OTHERS (STATE NAME, AGE AND RELATIONSHIP):
Name Age Relationship
(None)
3. I understand that I have a continuing obligation to inform the court of any improvement in
my financial circumstances which would permit me to pay the cost incurred with this case.
4. I verify that the facts stated in the foregoing Petition are true and correct to the best of my
knowledge, information and belief. Petitioner understands that false statements therein are
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Date: _
k' - ?fi IN & J-Iat?, -
ERLY A. SHILEY, De ndant
Petition for Waiver of Costs Page 4 of 4
F THE PP", , IT fY
2009 AUG -6' Pill 3, 2 5
cum,
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STEVEN A. EVERETT,
Plaintiff )
V. ) No. 2008-3206
KIMBERLY SHILEY, )
Defendant )
Petition for Contempt and Modification
1. Petitioner is Defendant, Kimberly A. Shiley, who currently resides at 103
Hummel Avenue, Lemoyne, Cumberland County, PA 17043.
2. Respondent is Plaintiff, Steven A. Everett, whose current residence is unknown,
last known residence was 2704 Buxton Road, Harrisburg, Dauphin County, PA 17110.
3. Petitioner and Respondent are the natural parents of the following child:
Name of Child
Miranda J. Everett
Age
4 years
4. A custody order was entered on AUGUST 19, 2008, in the Cumberland County
Court of Common Pleas. A copy of the custody order is attached.
5. Respondent has willfully violated the custody order, as follows:
(a.) Failure to appear on days previously agreed upon for partial physical custody.
(b.) Abandonment of Child - Date of last known contact with the child occurred on or
about: January 21, 2009
(c.) Alienation of legal and parental responsibility: Threats of harassment charges made
by Plaintiff, upon Kimberly A. Shiley, when attempting to make contact, directly or
indirectly, with the Plaintiff, Steven A. Everett.
(d.) Interference of current custody order: Made by Cynthia J. Everett, Plaintiff's (non-
biological) mother, on numerous occasions and beginning as early as the original custody
agreement was put into place and continuing through August 5, 2009.
Petition for Contempt and Modification Page 3 of 6
6. Petitioner seeks to modify the custody order because:
(a.) Steven A. Everett (Plaintiff) has made no attempt, directly or indirectly, to contact
Kimberly A. Shiley (Defendant) in regards to the welfare of their daughter, Miranda J.
Everett, since January 2009.
(b.) Steven A. Everett (Plaintiff) has been indicated by Cumberland County Children and
Youth Services in November 2008 for an alleged sexual assault and rape of a minor child,
which has not been completely resolved as of August 2009.
(c.) It would be in the best overall interest of the child in terms of emotional well-being
and mental stability.
7. Petitioner believes the custody order should be changed as follows:
(a.) Petition for Sole Physical and Sole Legal custody of the child be granted to petitioner,
Kimberly A. Shiley.
(b.) Relief be granted to the petitioner in regards to the over-whelming amount of
custodial/visitation agreement interference brought upon by the paternal
grandparent's (Cynthia J. Everett and James C. Everett, who reside at 545 East
Braddock Road, #504, Alexandria, Va. 22314).
WHEREFORE, Petitioner respectfully requests that this Court find Respondent in
contempt of Court and modify the Order as requested.
Date: Lo 900g
ERLY A. HILEY, Def dant
Petition for Contempt and Modification Page 4 of 6
Verification
I, KIMBERLY A. SHILEY, Defendant, verify that the facts stated in the foregoing
Petition are true and correct to the best of my knowledge, information and belief. Petitioner
understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904
relating to unworn falsification to authorities.
Date: 00 ` 6,L&
RLY A. HILEY, Defe t
Petition for Contempt and Modification Page 5 of 6
AUG T 8 2-365
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY
Defendant : IN CUSTODY
AND NOW, this 12 day of I
consideration of the attached Custody Conciliation Report, it
,I,t.?,?... 2008, upon
ordered and directed as follows:
1. The prior Order of this Court is vacated and replaced with this Order.
2. The Mother, Kimberly Shiley, and the Father, Steven A. Everett, shall have shared legal
custody of Miranda. Jodie Everett bom June I?, 2005. Major decisions concerning the Child
including, but not necessarily limited to, her health, welfare, education, religious training'and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child. beginning August 13, 2008, on
Sundays and Wednesdays every week from 4:00 p.m. until 8:30 p.m. At such time as the Father
obtains a work schedule, the parties shall cooperate in making any necessary adjustments to the partial
custody schedule to accommodate the Father's work hours.
4. The parties shall share or alternate having custody of the Child on holidays as arranged by
agreement. F
5. Unless otherwise agreed between the parties, the Father shall provide transportation for all
exchanges of custody under this Order.
6. Pending further agreement of the parties or Order of Court, the Father shall not take the
Child to the residence of the Father's girlfriend during his periods of custody unless agreed between
the parties in advance.
7. In the event either party intends to remove the Child from the Commonwealth of
Pennsylvania for an overnight period or longer, that party shall provide the other party with advance
notice of the address and telephone number where the Child can be contacted.
8. Within ninety (90) days of the date of this Order, counsel for either party may contact the
conciliator to schedule an additional custody conciliation conference, if necessary, to further address
expansion of the partial custody schedule. ^y
BY THE COUR
(t //,0
Edgar B. Bayley / J.
cc: Kel?W er L. Paterno, Esquire - Counsel for Father
J ca Hoist, Esquire - Counsel for Mother
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STEVEN A. EVERETT
Plaintiff
Vs.
KIMBERLY SHILEY
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION MnYMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NA I DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Jolie Everett June 17, 2005 Mother
2. A custody conciliation conference was held on August 12, 2008, with the following
individuals in attendance: the Father, Steven A. Everett, with his counsel, Heather L. Paterno, Esquire,
and the Mother, Kimberly Shiley, with her counsel, Jessica Hoist, Esquire and Valarie Beaton.
3. The parties agreed to entry of an Order in the form as attached.
&06v-k- "3_ ?we
Date Dawn S. Sunday, EsquhvCJ
Custody Conciliator
FILE..,
Tir k ~"
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AUG 0 7 2009, 2
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STEVEN A. EVERETT,
Plaintiff )
V. )
KIMBERLY SHILEY, )
Defendant )
No. 2008-3206 01,01 -Rvm
ORDER OF COURT
AND NOW, this tO day of ----..P200% it is hereby
ORDERED that KIMBERLY A. SHILEY, the above-named efendant, be GRANTED leave to
proceed in forma pauperis in the above action. At this time, Defendant is relieved from paying the
initial filing fees and costs only. Defendant shall promptly notify the Court of any material change
in income or financial condition during the peg
Petition for Waiver of Costs Page 1 of 4
7 G 0 9 il." .+G 10 g r (fi - 'I ics en?a t15CL
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STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KIMBERLY SHILEY
DEFENDANT
2008-3206 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, August 12, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 16, 2009 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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STEVEN A. EVERETT,
Plaintiff/ Respondent
V.
KIMBERLY SHILEY,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2008-3206 CIVIL TERM
CIVIL ACTION -LAW
IN CUSTODY
PETITION TO INTERVENE
AND NOW come the Petitioners, James C. and Cynthia J. Everett, by and through their
attorney Galen R. Waltz, Esquire, and presents the following petition to intervene,
representing as follows:
1. Petitioners are James r. and Cynthia J. Everett, adult individuals,
reside at 541.1 East Braddock Road #504, Alexandria, Virginia 22314-21721.
2. Plaintiff is Steven A. Everett, an adult individual, who resides at 2704
Buxton Road, Harrisburg, Dauphin County, Pennsylvania 17110.
3. Defendant is Kimberly Shiley, an adult individual, who resides at 103
Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
4. The child is Miranda .jolie Evere1i, ^0 _; s; ji-i nr 17,2005 ano shte 4
year., and i rr;onth of age.
5
Everett.
6
7
8
Petitioners are that of paternal grandparents to the child, Miranda Joiie
The child arras born out of wedlock-
A Complaint for Custody was filed on or around May 21, 2008.
On June 16, 2008, a Custody Conciliation Conference was held.
9. On June 24, 2008 a court order was entered providing primary physical
custody to the mother and partial physical custody to the father on Thursday, June 1
2008 from 4:00 p.m. until 8:30 p.m. and beginning Sunday, June 29, 2008 al
continuing every Sunday thereafter from 4:00 p.m. until 8:30 p.m. (Exhibit 1 Court Ord
attached and incorporated herein as if fully set forth).
10. On August 19, 2008 the aforementioned Order of June 24, 2008
vacated and replaced based on the Custody Conciliation Report of June 16, 2008
(Exhibit 2 Custody Conciliation Report and Exhibit 3 Court Order attached an
incorporated herein as if fully set forth.)
11. The Order gave shared legal custody to both the mother and father and
primary physical custody of the child to the mother. Father was granted partial physical
custody on Sunday's and Wednesday's weekly from 4:00p.m. until 8:30p.m. with
sharing or alternating custody on holidays.
12. In accordance with 23 Pa.C.S.A. § 5312, the Petitioners should be made a
party to the above stated custody action because they are the paternal grandparents of
the child and have developed a relationship with the child.
13. From September 7, 2008 until June 10, 2009, the child has had exposure
to Petitioners and has had a positive relationship with Petitioners.
14. On September 7, 2008 the paternal grandparent's spent the afternoon
with the child.
15. From October 4 to the following day, October 5, 2008 the child was with
the paternal grandmother at a Fall Retreat for the Harrisburg Friend's Meeting.
16. The child spent the weekend of November 9 until November 11, 2008,
with the grandparents in Alexandria Virginia where the grandmother took their
grandchild to the Smithsonian Museum to the Butterfly Exhibit in Washington, DC, a trig
to the playground where they fed ducks, and a visit to the library.
17. December 11, 2008, the grandmother shared an afternoon visit with the
grandchild.
18. December 26 until December 28, 2008 the child stayed with the
grandparents in Alexandria Virginia to observe Christmas.
19. On February 6, 2009 the child spent the afternoon with her grandparents.
20. From February 27, 2009 until March 1, 2009 and March 21, 2009 until
March 23, 2009, the child spent the weekend with her grandparents in Alexandria
Virginia.
21. On April 4, 2009 until April 5, 2009 the grandparents visited the child in
Harrisburg, Pennsylvania.
22. On April 19, 2009 the grandmother took her grandchild to Lancaster to a
Doll House show in Lancaster, Pennsylvania.
23. On May 2, 2009 and May 3, 2009 the grandmother visited her
granddaughter in Harrisburg and again on May 31, 2009.
24. From June 7, 2009 until June 10, 2009 the grandparents and child
enjoyed a picnic at Pine Grove Furnace, and then went to their residence in Alexandria,
Virginia where they went to Washington D.C. to the library for story hour.
25. Subsequent to that, the mother, Kimberly Shiley stopped all visits and
phone calls between the paternal grandparents and the child Miranda Jolie Everett.
i
26. The periods of partial custody as listed in Paragraphs 13-24 are
characteristics of the partial physical custody with their grandchild since the child has
been two and a half (2 1/2) years of age.
27. The best interest of the child will be served by the Court in allowing the
Petitioners to intervene.
WHEREFORE, Petitioners, James C. and Cynthia J. Everett request this
Honorable Court allow Petitioners to intervene in the custody action, along with any
additional relief that the Court may deem appropriate and just.
Respectfully Submitted
TURD LAW OFFICES
Dater' I
Galen R. Wal s
No. 39789.
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
JUN 192008
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this --2jL4, day of 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. On a temporary basis, pending receipt of the paternity testing currently being conducted
through the Domestic Relations Office, the parties shall have physical custody of the Child in
accordance with the following schedule:
A. The Mother shall have primary physical custody of the Child.
B. The Father shall have partial physical custody of the Child on Thursday, June 19,
2008 from 4:00 p.m. until 8:30 p.m. and beginning Sunday, June 29, 2008 and continuing every
Sunday thereafter from 4:00 p.m. until 8:30 p.m.
C. The Father shall ensure that contact with the Child shall be restricted to the Father's
relatives during his periods of custody.
D. Unless otherwise agreed between the parties, the Father shall provide transportation
for all exchanges of custody under this Order.
2. In the event of receipt of a paternity test result confirming that the Plaintiff is the biological
father of the Child, within ninety (90) days of the date of this Order counsel for either party may
contact the conciliator to schedule an additional custody conciliation conference, if necessary to
establish ongoing custody arrangements. In the event of a paternity test result indicating that the
Plaintiff is not the biological father of the Child, the parties agree that the Father's Complaint for
Custody shall be withdrawn.
3. The caption in this matter is hereby amended to reflect th3Aqther's cgifected surname as
Kimberly Shiley.
BY COURT
cc: Bather L. Paterno, Esquire - Counsel for Father
? :?Tfssica Holst, Esquire - Counsel for Mother
,?Op 1 F-S rria t LL
1
G 2y/og
J.
AUG 18 2008
STEVEN A. EVERETT
Plaintiff
vs.
KIMBERLY SHILEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of W
2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
I . The prior Order of this Court is vacated and replaced with this Order.
2. The Mother, Kimberly Shiley, and the Father, Steven A. Everett, shall have shared legal
custody of Miranda Jolie Everett, born June 17, 2005. Major decisions concerning the Child
including, but not necessarily limited to, her health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child, beginning August 13, 2008, on
Sundays and Wednesdays every week from 4:00 p.m. until 8:30 p.m. At such time as the Father
obtains a work schedule, the parties shall cooperate in making any necessary adjustments to the partial
custody schedule to accommodate the Father's work hours.
4. The parties shall share or alternate having custody of the Child on holidays as arranged by
agreement.
a
5. Unless otherwise agreed between the parties, the Father shall provide transportation for all
exchanges of custody under this Order.
6. Pending further agreement of the parties or Order of Court, the Father shall not take the
Child to the residence of the Father's girlfriend during his periods of custody unless agreed between
the parties in advance.
7. In the event either party intends to remove the Child from the Commonwealth of
Pennsylvania for an overnight period or longer, that party shall provide the other party with advance
notice of the address and telephone number where the Child can be contacted.
8. Within ninety (90) days of the date of this Order, counsel for either party may contact the
conciliator to schedule an additional custody conciliation conference, if necessary, to further address
expansion of the partial custody schedule.
cc:
rHe er L. Patemo, Esquire - Counsel for Father
ssica Holst, Esquire - Counsel for Mother
J
A
a --
N-
-T
-T 7??
2
VERIFICATION
I verify that the statements made in the foregoing Petition to Intervene are true
and correct. I understand that false statements herein made are subject to the penalties
of Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date
9 ?a 9
Date
Ja s C. Everett
ynthia J. verett
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy
the Petition to Intervene, by first class, postage pre-paid, United States Mail on the '4
day of 2009, from Carlisle, Pennsylvania, addressed a
follows:
Kimberly Shiley
103 Hummel Avenue
Lemoyne, PA 17043
Steven Everett
c/o Heather L. Paterno, Esquire
GOLDBERG & KATZMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-6808
TURO LAW OF
Oalen R. W E
No. 39789•
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
t
r? r• ,
VV L
nn
?'?,j vl'1 1 ? l..r
STEVEN A. EVERETT,
PLAINTIFF/RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
KIMBERLY SHILEY,
DEFENDANT/RESPONDENT
08-3206 CIVIL TERM
ORDER OF COURT
AND NOW, this '7iN day of August, 2009, the request in this
petition to intervene for a Rule to show cause IS DENIED at this time.
?Galen R. Waltz, Esquire
For Interveners
?eather L. Paterno, Esquire
For Plaintiff/Respondent
,--'Kimberly Shiley, Pro se
:sal
t'"
=(yl
' An amended petition to intervene may be filed setting forth whether the
grandparents will be seeking primary physical custody of Miranda Everett, for
which they would have automatic standing, see R.M. v. Baxter, ex rel. T.M., 777
A.2d 446 (Pa. 2001), or partial physical custody, in which case they must pled
specific facts providing them standing under 23 Pa.C.S. Section 5312, see
Malone v. Stonebroook, 843 A.2d 1278 (Pa. Super. 2004). For example, the
facts alleged in the current petition to intervene do not set forth that the
unmarried parents of Miranda have been separated for six months or more.
TNT I I },"t-`r' .? . ",RY
2009 AU13 2" 4 f-11 2: J 7
II
STEVEN A. EVERETT,
Plaintiff/ Respondent
V.
KIMBERLY SHILEY,
Defendant/ Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2008-3206 CIVIL TERM
CIVIL ACTION -LAW
IN CUSTODY
AMENDED PETITION TO INTERVENE
AND NOW come the Petitioners, James C. and Cynthia J. Everett, by and through their
attorney Galen R. Waltz, Esquire, and presents the following Amended Petition to
Intervene, representing as follows:
1. Petitioners are James C. and Cynthia J. Everett, adult individuals, who
reside at 545 East Braddock Road #504, Alexandria, Virginia 22314-21721.
2. Plaintiff is Steven A. Everett, an adult individual, who resides at 2704
Buxton Road, Harrisburg, Dauphin County, Pennsylvania 17110.
3. Defendant is Kimberly Shiley, an adult individual, who resides at 103
Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043.
4. The child is Miranda Jolie Everett, DOB is June 17,2005 and she is 4
years and 1 month of age.
5. Petitioners are that of paternal grandparents to the child, Miranda Jolie
Everett.
6. The child was born out of wedlock.
7. The father, Plaintiff/Respondent and the mother, Defendant/Respondent
have been separate and apart for more than six months. (See Paragraph 11 below
attesting to the controlling and current Custody Court Order).
8. Petitioners seek partial physical custody and therefore it is averred that
partial physical custody to the grandparents would be in the best interest of the child
and would not interfere with the parent-child relationship.
9. A Complaint for Custody was filed on or around May 21, 2008.
10. On June 16, 2008, a Custody Conciliation Conference was held.
11. On June 24, 2008 a court order was entered providing primary physical
custody to the mother and partial physical custody to the father on Thursday, June 19,
2008 from 4:00 p.m. until 8:30 p.m. and beginning Sunday, June 29, 2008 and
continuing every Sunday thereafter from 4:00 p.m. until 8:30 p.m. (Exhibit 1 Court Order
attached and incorporated herein as if fully set forth).
12. On August 19, 2008 the aforementioned Order of June 24, 2008 was
vacated and replaced based on the Custody Conciliation Report of June 16, 2008 .
(Exhibit 2 Custody Conciliation Report and Exhibit 3 Court Order attached and
incorporated herein as if fully set forth.)
13. The Order gave shared legal custody to both the mother and father and
primary physical custody of the child to the mother. Father was granted partial physical
custody on Sunday's and Wednesday's weekly from 4:00p.m. until 8:30p.m. with
sharing or alternating custody on holidays.
14. In accordance with 23 Pa.C.S.A. § 5312, the Petitioners should be made a
party to the above stated custody action because they are the paternal grandparents of
the child and have developed a relationship with the child.
15. From September 7, 2008 until June 10, 2009, the child has had exposure
to Petitioners and has had a positive relationship with Petitioners.
16. On September 7, 2008 the paternal grandparent's spent the afternoon
with the child.
17. From October 4 to the following day, October 5, 2008 the child was with
the paternal grandmother at a Fall Retreat for the Harrisburg Friend's Meeting.
18. The child spent the weekend of November 9 until November 11, 2008,
with the grandparents in Alexandria Virginia where the grandmother took their
grandchild to the Smithsonian Museum to the Butterfly Exhibit in Washington, DC, a trip
to the playground where they fed ducks, and a visit to the library.
19. December 11, 2008, the grandmother shared an afternoon visit with the
grandchild.
20. December 26 until December 28, 2008 the child stayed with the
grandparents in Alexandria Virginia to observe Christmas.
21. On February 6, 2009 the child spent the afternoon with her grandparents.
22. From February 27, 2009 until March 1, 2009 and March 21, 2009 until
March 23, 2009, the child spent the weekend with her grandparents in Alexandria
Virginia.
23. On April 4, 2009 until April 5, 2009 the grandparents visited the child in
Harrisburg, Pennsylvania.
24. On April 19, 2009 the grandmother took her grandchild to Lancaster to a
Doll House show in Lancaster, Pennsylvania.
25. On May 2, 2009 and May 3, 2009 the grandmother visited her
granddaughter in Harrisburg and again on May 31, 2009.
26. From June 7, 2009 until June 10, 2009 the grandparents and child
enjoyed a picnic at Pine Grove Furnace, and then went to their residence in Alexandria,
Virginia where they went to Washington D.C. to the library for story hour.
27. Subsequent to that, the mother, Kimberly Shiley stopped all visits and
phone calls between the paternal grandparents and the child Miranda Jolie Everett.
28. The periods of partial custody as listed in Paragraphs 13-24 are
characteristics of the partial physical custody with their grandchild since the child has
been two and a half (2 1/2) years of age.
29. The best interest of the child will be served by the Court in allowing the
Petitioners to intervene.
WHEREFORE, Petitioners, James C. and Cynthia J. Everett request this
Honorable Court allow Petitioners to intervene in the custody action, along with any
additional relief that the Court may deem appropriate and just.
Respectfully Submitted
TURO LAW OFFICES
Date en R. Waltz, Esquire
No. 39789
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
VERIFICATION
I verify that the statements made in the foregoing Amended Petition to Intervene
are true and correct. I understand that false statements herein made are subject to the
penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities.
Dat
Date
es C. Everett
nthia J. erect
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Amended Petition to Intervene, by first class, postage pre-paid, United States Mail
on the 9 fi'4 day of le ,, le 2009, from Carlisle, Pennsylvania,
addressed as follows:
Kimberly Shiley
103 Hummel Avenue
Lemoyne, PA 17043
Steven Everett
c/o Heather L. Paterno, Esquire
GOLDBERG & KATZMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-6808
TURO LAW OFFICES
C;?
alen R. Waltz, squire
No. 39789
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
FILED-OFFICE
OF THE IT O'?O?TARY
2009 SEP -8 PM 3: 24
CUAI+BER ``, ;-; ..f...UINll
PENNSYLIVA'NIA
STEVEN A. EVERETT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/ Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 2008-3206 CIVIL TERM
KIMBERLY SHILEY, : CIVIL ACTION -LAW
Defendant/ Respondent : IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this q+- day of 2009, upon receipt of the
Amended Petition to Intervene, a Rule to Show Cause is issued upon Respondents to
show cause, if any he/she has, why the relief requested therein should not be granted.
This Rule is returnable 1 19 days from the date of•-?
Cc
Galen R. Waltz, Esquire, Attorney for Interveners
Heather L. Paterno, Esquire, Attorney for Steven Everett
/Kimberly Shiley, Pro se
nn--
FILE F
-OF THE MR' }-'ONOTARY
2009 SEP 10 AM 9: 10
4.)' 6'OUNTY
FENNSYMN
STEVEN A. EVERETT,
PLAINTIFF/RESPONDENT
V.
KIMBERLY SHILEY,
DEFENDANT/RESPONDENT
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
08-3206 CIVIL TERM
ORDER OF COURT
-:q day of September, 2009, following a review of
the amended petition to intervene and the answer filed thereto, and upon the
representation in the amended petition that James C. Everett and Cynthia J. Everett are
the paternal grandparents of Miranda Jolie Everett, their petition to intervene to seek
periods of partial physical custody of Miranda Jolie Everett, IS GRANTED.
By the Court,
B. Bayley, J.
Edgar
alen R. Waltz, Esquire
For Interveners
Rather L. Paterno, Esquire
For Plaintiff/Respondent
e4irmberly Shiley, Pro se
103 Hummel Avenue 1
Lemoyne, PA 17043 `?
sal
Heather L. Patemo, Esquire
I.D. #87506
GOLDBERG KATZMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (717) 234-6808 (facsimile)
STEVEN A. EVERETT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-3206 Civil Term
KIMBERLY SHIRLEY, CIVIL ACTION - LAW
Defendant IN CUSTODY
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly withdraw the appearance of Goldberg Katzman, P.C., and Heather L.
Paterno, Esquire, in behalf of the Plaintiff in the above-captioned matter.
Date: OGh11'"' (?( )401
u submitted,
n KAT A
I r/ 1\-w- -. vv V/ / 1
M a er L. Paterrid
tt irney I.D. #87506
3 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
T14- V? r d I,,)
JTAP.y
20090CTA Lt* " &:26
ci lto-i
OCT 15 2009 &
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated August 19, 2008 shall continue in effect as modified by
this Order.
2. Paragraphs 3 and 4 of the August 19, 2008 Order are vacated and replaced with the
following: The Father shall have contact with the Child only as arranged by agreement between the
parties.
BY THE
cc. -"berly Shiley -Mother
./ Steven A. Everett - Father
!d l QIDq
Edgar B. Bayley
Z..-
STEVEN A.EVERETT
Plaintiff
vs.
KIMBERLY SHILEY
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Jolie Everett June 17, 2005 Mother
2. A custody conciliation conference was initially held on September 16, 2009, with the
Mother, who filed this Petition for Contempt and Modification pro se, in attendance. It was eventually
determined at the conference that the Mother had not adequately served the Father with notice of the
conference. As a result, the conference was rescheduled to allow the Mother an opportunity to
properly serve the Father.
3. The rescheduled conference was held on October 8, 2009, with the following individuals in
attendance: the Father, Steven A. Everett, and the Mother, Kimberly Shiley. Neither party is
represented by counsel.
4. The Mother filed this Petition for Contempt and Modification based on her concern that the
Father had not made any effort to see the Child since January, 2009. This matter is complicated by a
Children and Youth investigation resulting in a finding of abuse against the Father with respect to a
child of another relationship and Children and Youth has imposed a supervision requirement with
respect to the Child who is the subject of this litigation. The parties were unable to agree on one of the
options for supervision provided by Children and Youth Services. The Father does not want to have
anything to do with the Mother who is one of the potential supervisors, and the Mother does not trust
the Father's parents to adequately protect the Child. The Father offered to terminate all future contact
with the Child if the Mother were willing to terminate the Child Support Order. The Mother indicated
that the Child needs to see her Father and the Mother filed the Petition to initiate the visitation. The
Father was not willing to do so except at his parents' residence.
5. The conciliator recommends an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
FIL f D-D
HE OCT 19 AN 9: 16
rr t
C}lV4?
STEVEN A. EVERETT,
Plaintiff/ Respondent
V.
KIMBERLY SHILEY,
Defendant/ Respondent
V.
JAMES C. & CYNTHIA J. EVERETT,
Intervenor/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANI/
No. 2008-3206 CIVIL TERM
CIVIL ACTION -LAW
IN CUSTODY
PREVIOUSLY ASSIGNED TO
PRESIDENT JUDGE EDGAR B. BAILEY
MODIFICATION OF CUSTODY
AND NOW comes the Petitioner, James & Cynthia Everett, by and through
attorney Galen R. Waltz, Esquire and includes the following averments on behalf
Petitioner:
1. The Respondents are Steven A. Everett, an adult individual, who
at 2704 Buxton Road, Harrisburg, Dauphin County, Pennsylvania 17110 and
Shiley, and adult individual, who resides at 103 Hummel Avenue,
Cumberland County, Pennsylvania 17043.
2. Petitioners are James and Cynthia Everett, adult individuals,
residesat 545 East Braddock Road #504, Alexandria, Virginia 22314-21721.
3. Petitioners are the Paternal Grandparents of the grandchild and the
granted the Petitioners the right to intervene by order dated September 28,
(Exhibit 1).
Of
rt
4. The child is Miranda Jolie Everett, DOB is June 17,2005 and she is? 4
years and 1 month of age.
5. A Complaint for Custody was filed on or around May 21, 2008.
6. On June 16, 2008, a Custody Conciliation Conference was held.
7. On June 24, 2008 a court order was entered providing primary physical
custody to the mother and partial physical custody to the father on Thursday, June 9,
2008 from 4:00 p.m. until 8:30 p.m. and beginning Sunday, June 29, 2008 and
continuing every Sunday thereafter from 4:00 p.m. until 8:30 p.m. (Exhibit 1 Court Or er
attached and incorporated herein as if fully set forth).
8. On August 19, 2008 the aforementioned Order of June 24, 2008
vacated and replaced based on the Custody Conciliation Report of June 16, 2008.
(Exhibit 2 Custody Conciliation Report and Exhibit 3 Court Order attached
incorporated herein as if fully set forth.)
9. The Order gave shared legal custody to both the mother and father
primary physical custody of the child to the mother. Father was granted partial physi?al
custody on Sunday's and Wednesday's weekly from 4:00p.m. until 8:30p.m.
sharing or alternating custody on holidays.
10. There is currently no other custody proceedings concerning the child
pending in the court of this commonwealth nor has the Petitioner participated as a
or witness or in another capacity in other litigation concerning the custody
modification of custody of this child.
11. The 'best interest and permanent welfare of the child will be served by
granting the relief requested because the child has had exposure to Petitioners and
had a positive relationship with Petitioners as indicated by the following:
a. From September 7, 2008 until June 10, 2009, the child has had exposu
or
to Petitioners and has had a positive relationship with Petitioners.
b. On September 7, 2008 the paternal grandparent's spent the afternoon
with the child.
C. From October 4 to the following day, October 5, 2008 the child was with
the paternal grandmother at a Fall Retreat for the Harrisburg Friend's Meeting.
d. The child spent the weekend of November 9 until November 11, 2008,
with the grandparents in Alexandria Virginia where they went to the Smithsoni
Museum's Butterfly Exhibit in Washington, DC, a trip to the playground where
they fed ducks, and a visit to the library.
e. December 11, 2008, the grandparent's shared an afternoon visit with th
grandchild.
f. December 26 until December 28, 2008 the child stayed with the
grandparents in Alexandria Virginia to observe Christmas.
g. On February 6, 2009 the child spent the afternoon with her grandparent
h. From February 27, 2009 until March 1, 2009 and March 21, 2009 until
March 23, 2009, the child spent the weekend with her grandparents in Alexanc
Virginia.
i. On April 4, 2009 until April 5, 2009 the grandparents visited the child in
Harrisburg, Pennsylvania.
j. On April 19, 2009 the grandmother took her grandchild to Lancaster to
Doll House show in Lancaster, Pennsylvania.
k. On May 2, 2009 and May 3, 2009 the grandmother visited her
granddaughter in Harrisburg and again on May 31, 2009.
I. From June 7, 2009 until June 10, 2009 the grandparents and child
enjoyed a picnic at Pine Grove Furnace, and then went to their residence in
Alexandria, Virginia where they went to Washington D.C. to the library for
hour.
12. The periods of partial physical custody as listed above are ch
of the partial physical custody since the child has been two and a half (2 1
years of age.
WHEREFORE, Petitioners request this court grant Petitioners partial
custody in the best interest of the child.
Respectfully Submitted
TURO LAW OFFICES
Date n R. Wal s
?o. 39789
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
STEVEN A. EVERETT,
PLAINTIFF/RESPONDENT
V.
KIMBERLY SHILEY,
DEFENDANT/RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
08-3206 CIVIL TERM
ORDER OF COURT
AND NOW, this -9 day of September, 2009, following a review of
the amended petition to intervene and the answer filed thereto, and upon the
representation in the amended petition that James C. Everett and Cynthia J. Everett are
the paternal grandparents of Miranda Jolie Everett, their petition to intervene to seek
periods of partial physical custody of Miranda Jolie Everett, IS GRANTED.
By the Court,
Edgar-8" Bayley, J.
Galen R. Waltz, Esquire
For Interveners
Heather L. Paterno, Esquire
For Plaintiff/Respondent
Kimberly Shiley, Pro se
103 Hummel Avenue
Lemoyne, PA 17043
:sal
it, "rRUE ipy irk O M E o-?
n Womony whenw, I i+nto set ray.
..&8ALcif said ?r"! s
VERIFICATION
I verify that the statements made in the foregoing Modification of Custody
true and correct. I understand that false statements herein made are subject to
penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities.
/`/ D
Dat
/A es C. Everett
C
nthia J. E rett
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Modification of Custody, by first class, postage pre-paid, United States Mail on th _
day of A/&y1P0%jAc,"' 2009, from Carlisle, Pennsylvania, addressed as
follows:
Kimberly Shiley
103 Hummel Avenue
Lemoyne, PA 17043
Steven Everett
c/o Heather L. Paterno, Esquire
GOLDBERG & KATZMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-6808
TURO LAW OFFICES
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Petitioner
OF TjjE P , -rHONGTARY
2Q09NOy -2 PM 3! 24
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STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY, JAMES C. &
CYNTHIA J. EVERETT IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, November 05, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, December 07, 2009 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q. 110
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
2009 NOV -6 AM 11: 41
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DEC 1 12009 ?
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this t? day of 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and dir cted as follows:
1. The paternal grandparents, James and Cynthia Everett, shall have partial physical custody of
Miranda Jolie Everett, born June 17, 2005, during alternating months from Saturday at 11:00 a.m.
through Sunday at 3:00 p.m., with the specific weekend to be selected by agreement between the
parties at least one month in advance. For these alternating monthly periods of custody, the parties
shall meet at the Burger King at the Thurmont Exit on Route 15 in Maryland. During the interim
months, the paternal grandparents shall have custody of the Child on a Saturday, for which the
grandparents shall travel to Pennsylvania, from 10:00 a.m. until 6:30 p.m. The alternating monthly
schedule shall begin with the grandparents having custody of the Child on December 19, 2009 for the
Saturday period of custody.
2. In addition, the paternal grandparents shall have custody of the Child on Saturday,
December 26 from 10:00 a.m. until 3:00 p.m., for which the grandparents shall travel to Pennsylvania
for the exchanges.
3. Within six months of the date of this Order, counsel for any party or a party pro se, may
contact the conciliator to schedule an additional custody conciliation conference to address the issue of
partial custody for the paternal grandparents for regular weekends, holidays or summer vacation.
4. The parties may modify the provisions of this Order by mutual
mutual consent, the terms of this Order shall control.
BY
Edgar
the absence of
cc: Kimberly Shiley - Mother
Steven A. Everett - Father
Lorin A. Snyder, Esquire - Counsel for paternal grandparents 9-
STEVEN A. EVERETT
Plaintiff
vs.
KIMBERLY SHILEY
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3206 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Jolie Everett June 17, 2005 Mother
2. A custody conciliation conference was held on December 7, 2009, with the following
individuals in attendance: the Mother, Kimberly Shiley, who is not represented by counsel in this
matter, and the paternal grandparents, James and Cynthia Everett, with their counsel, Lorin A. Snyder,
Esquire. The Father, Steven A. Everett, was previously represented by Heather L. Patemo, Esquire
although she had withdrawn as counsel after the last Order was entered. The conciliator contacted
Heather Paterno's office and was advised that the grandparents' counsel had forwarded a notice of the
conciliation conference but that their office had been unable to contact the Father by mail, telephone or
email. Therefore, the Father had not been served with notice of the conference. The paternal
grandparents contacted the Father during the conference by phone. Although the Father confirmed that
he had no objection to the grandparents' request for monthly weekend contact with the Child, he was
not able to take the time from work to discuss the additional topics such as holiday custody or summer
vacation custody.
3. The parties agreed to entry of an Order in the form as attached. As the Mother did not feel
comfortable working toward resolution of the paternal grandparents' request for holiday and summer
vacation time with the Child due to the Father's inability to participate in the conference, those matters
were reserved for a follow-up conference if requested by any party or counsel.
4. It should be noted that the paternal grandparents were granted leave to intervene in this
matter by the Court.
j, ?d9
Date Dawn S. Sunday, Esquire
Custody Conciliator
OF THE PROTHONOTARY
2009 DEC I I PM 3: 28
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t?ENNS YLVA,NVi
JUL 2 6 2010
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY
Defendant IN CUSTODY
ORDER
AND NOW, this 21s` day of July, 2010 ,the conciliator, having been advised by the
counsel for the petitioning grandparents that due to medical reasons, the request per the prior Order for
a follow-up conference is being withdrawn, hereby relinquishes jurisdiction. The custody conciliation
conference scheduled for July, 2010 is cancelled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
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STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN,[
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2008-3206 CIVIL ACTION LAW
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KIMBERLY SHILEY, JAMES C. & <U
CYNTHIA J. EVERETT
IN CUSTODY To
DEFENDANT ?p`-
ORDER OF COURT
AND NOW, Wednesday, May 16, 2012 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 25, 2012 at 12:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunday, Esq. 641"*-
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Steven Everett,
Plaintiff
V.
Kimberly Shiley,
Defendant
V.
James & Cynthia Everett,
IN THE COURT OF COMMON PLEAS OF ,
'7-)
CUMBERLAND COUNTY, PENNSYLVAIA'~'
NO. 2008-3206 Civil Term
CIVIL ACTION -
LAW IN CUSTODY
Interveners
ANSWER TO INTERVENER'S PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER AND
COUNTERCLAIM FOR SOLE PHYSICAL AND LEGAL CUSTODY
AND NOW, after careful review of the Petition for Civil Contempt for
Disobedience of Custody Order filed through the attorney's for James and Cynthia
Everett, the following Answer to Interveners is as follows:
1. Agreed.
2. Agreed.
3. Agreed.
4. Agreed.
5. Agreed.
6. Agreed.
7. Agreed.
8. Agreed.
9. Denied. The Court Order set forth on December 11, 2009, has not been used, by
mutual consent, since December 17, 2010. (A copy of the dates and times that the
Petitioners have had visitations with the Child is attached as "Exhibit A" for
further referencing).
10. Agreed.
11. Agreed.
12. Agreed.
13. Agreed.
14. Denied. On April 6, 2012, Respondent received a voice mail from Cynthia Everett
stating that she intends to involve Steven Everett and his girlfriend, Georgia
Fierro in the interactions with the Child, during the Petitioners time with the
Child. There is a separate court order with the Plaintiff, Steven Everett, that was
filed within the courts on October 19, 2009, which states that the "Father shall
have contact with the child only as arranged by agreement between the parties".
(See Exhibit B). ANY contact with the Father of the Child will be psychologically
detrimental to the welfare of the Child. Respondent believes this would be
considered a reason to fear the safety and welfare (physically, mentally, and
emotionally) of the Child, if she [the Child] were to be left unsupervised with the
Petitioners from this point forward.
15. Agreed.
16. Agreed.
17. Denied. The Child is and/or has been enrolled in many activities for a substantial
period of time. The Child has formed many psychologically healthy friendships
over the past two years as a means of coping with the unhealthy neglect from her
Father.
18. Denied. The Child has never asked to stay with the Petitioners. The last time the
Child was scheduled to stay with the Petitioners for an overnight stay, the
Petitioners contacted the Respondent because the Child was crying to come home
at 9:OOPM.
19. Denied. The Child telephoned the Petitioners on May 7, 2012 at approximately
8:00 P.M. (See Exhibit A).
20. Agreed. (The Child made the phone call without the Respondent knowing.
Respondent is unaware of what the conversation involved, but the Child appeared
extremely stressed beyond control when hanging up the phone.)
21. Agreed. (The Child hung up the phone, NOT the Respondent.)
22. Denied. The Child is told only the facts if and when she asks.
23. Denied. The Child is constantly asking Respondent why she has to go with
Petitioners all the time. The Child HAS repeatedly told the Petitioners that she
[the Child] does not want to stay with them, but the Petitioners continue to pester
the issue with the Child for weeks prior to the dates chosen, making the Child feel
insecure about her initial response to the Petitioners invitation. Respondent is
unsure of how forcing a child to spend time with someone [the Petitioners] that
she [the Child] does not wish to spend with is in the best interest of the Child.
24. Denied. The Petitioners' time with the Child in "Exhibit A" displays a detailed
outline that this Respondent has allowed far more time to be spent with the Child
for the Interveners than the original court order allowed, therefore being more
generous in the execution of juggling time around all of the Child's other
activities to include ample time with the Petitioners.
25. Denied. This Respondent ONLY ever acts in the best interest of the Child and has
done so alone for over five years. This Respondent is the ONLY adult the Child
trusts whole-heartedly to care for her safety.
26. Agreed.
COUNTERCLAIM FOR SOLE PHYSICAL AND
LEGAL CUSTODY
Petitioner seeks SOLE PHYSICAL AND LEGAL CUSTODY of the following
child:
MIRANDA JOLIE EVERETT, age 6 years,
residing since birth at 103 14UMMEL AVE, LEMOYNE PA 17043 in
CUMBERLAND COUNTY, PENNSYLVANIA.
2. The child (was) born out of wedlock.
3. The child is presently in the custody of the biological mother, KIMBERLY
SHILEY who resides at 103 HUMMEL AVE, LEMOYNE, PENNSYLVANIA
17043.
4. During the past five years, the child has resided with the following persons and at
the following addresses: KIMBERLY SHILEY at 103 HUMMEL AVE,
LEMOYNE, PENNSYLVANIA 17043.
5. She is SINGLE.
6. The father of the child is STEVEN EVERETT, whom is currently residing at an
UNKNOWN/UNDISCLOSED ADDRESS.
7. Steven Everett did sign an ACKNOWLEDGMENT OF PATERNITY in lieu of
performing the DNA test.
8. Steven Everett stated to the Courts of Cumberland County, Pennsylvania that he
"would terminate all future contact with Miranda, [the Child] if Kimberly
[Defendant] would be willing to drop the child support order" (See Exhibit B)
during a modification hearing with Conciliator, Dawn Sunday held on October
14, 2009.
9. Consequent to that specific custody hearing, the Order of Custody was changed to
allow Steven Everett the ability to visit with said child only "as arranged by
agreement between the parties" (See Exhibit B).
10. The last visit agreed upon by both parties, occurred in June, 2010.
11. Steven Everett's parents, James and Cynthia Everett (Interveners) took advantage
of their time with the Child and invited Steven Everett, for a weekend in August,
2010, at an undisclosed beach in Virginia with the Child, without notifying this
Petitioner. The Child was told by the Intervener's NOT to say anything to the
Petitioner about Steven Everett's presence during the weekend visitation with
James and Cynthia Everett. These behaviors created a psychological distress and
anxiety driven negative behavioral patterns for the Child.
12. There has been no contact information provided to the Petitioner for Steven
Everett since June, 2010; No address, phone number, email address, etc.
13. There has been no form of Child Support paid by Steven Everett through
Domestic Relations or other means since May, 2011.
14. Steven Everett has a notable history of mental illness.
15. Steven Everett has been indicated by Children and Youth Services in Cumberland
County, Pennsylvania, as a sexual predator in December, 2008, for the following
charges brought against him:
RAPE OF CHILD
AGGRAVATED INDECENT ASSAULT
TWO (2) SEPARATE COUNTS OF INDECENT ASSAULT PERSON
LESS THAN 13 YEARS OF AGE
16. The Cumberland County Children and Youth Services stated that the indications
against Steven Everett will remain Active in their systems until the child is 18
years of age, regardless of the outcome of the additional sources.
17. Steven Everett currently resides with the following individuals:
UNKNOWN/UNDISCLOSED
18. Consequent to the voice mail received by Interveners on April 6, 2012, stating
that they [Interveners] were going to go against the best interests of the Child and
allow Steven Everett to have both physical and non-physical contact with the
Child during the Interveners custodial time frames, this Petitioner is fearful of the
safety and welfare of the Child, while in the unsupervised presence of the
Interveners.
19. Due to the extreme nature of the disabling health issues that both James and
Cynthia are experiencing, this Petitioner does not believe that the Child be left
unsupervised for extended periods of time with the Interveners, especially since
James Everett is unable to drive if something should happen to Cynthia while the
Child is in their care and out of the State of Pennsylvania.
20. Interveners have willfully kept pertinent contact information concerning the
whereabouts of the Father, Steven Everett, from the Petitioner, resulting in the
lack of trust from the Petitioners standpoint.
21. This Petitioner feels that the partial physical custody that the Interveners
currently have is damaging the natural parent/child relationship that is necessary
for healthy psychological growth.
22. The Child has displayed numerous "out-of-nature" acts after returning from
spending short amounts of time alone with the Interveners. The time spent with
the Interveners reminds the Child of her Father which is psychologically
interfering with her emotional well-being on a nearly regular basis.
23. The relationship of Defendant/Petitioner to the child is that of Biological Mother
with PRIMARY PHYSICAL CUSTODY AND SHARED LEGAL CUSTODY.
24. The Petitioner currently resides with the following persons: Miranda Jolie Everett,
Child, daughter.
25. Petitioner (has) participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court. The court,
term and number, and its relationship to this action is:
CUMBERLAND COUNTY COURT, 2008 - 3206.
26. Petitioner (has) information of a custody proceeding concerning the child pending
in a court of this Commonwealth or any other state. The court, term and number,
and its relationship to this action is:
CUMBERLAND COUNTY COURT, 2008 - 3206.
27. Petitioner (knows) of a person who is not a party to the proceedings which have
partial physical custody of the child or claims to have custody or visitation rights
with respect to the child. The name and address of such person are:
Interveners: JAMES AND CYNTHIA EVERETT, currently residing at
545 E. BRADDOCK RD, ALEXANDRIA, VIRGINIA 22314.
28. The best interest and permanent welfare (physically, emotionally, and mentally)
of the child will be served by granting the relief requested.
29. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this
action.
30. All other persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the pendency of this
action and the right to intervene: JAMES AND CYNTHIA EVERETT, 545 E.
BRADDOCK RD, ALEXANDRIA, VIRGINIA 22314.
WHEREFORE, Petitioner, Kimberly Shiley requests the court to GRANT SOLE
PHYSICAL AND LEGAL CUSTODY of the aforementioned minor child, Miranda Jolie
Everett.
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904 relating to unsworn falsification to authorities.
Kimberly A. Shiley; Pro Se Date
Cc: Lorin A. Snyder, Esq., Counsel for Interveners
Steven Everett
r
INTERVENERS TIME WITH THE CHILD "EXHIBIT A"
May 7, 2012 - Miranda returned call from Cynthia
May 1, 2012 - Cynthia called; Left message on voice mail.
April 6. 2012 - Cynthia called twice; Left two messages on voice mail.
April 2, 2012 - Miranda called Cynthia without parent knowing.
March 24, 2012 - James and Cynthia visited with Miranda; 3:00 P.M. - 630 P.M.
February 26, 2012 - Cynthia visited, approx. 3 hours.
February 16, 2012 - Cynthia visited, approx. 1 '/2 hours.
January 24, 2012 - Cynthia visited, approx. 1 '/z hours.
December 17, 2011 - James and Cynthia visited, 6:30 P.M. - 9:00 P.M.
December 11,20 11 - Cynthia visited, approx. 3 hours.
December 3, 2011 - Cynthia visited, approx. 3 hours.
November 23, 2011 - Cynthia canceled a scheduled time to spend with the child.
October 29, 2011 - Cynthia visited, approx. 1 '/z hours.
October 27, 2011 - Cynthia visited, approx. 2 hours.
October 17, 2011 - Cynthia visited, approx. 2 %2 hours.
October 12, 2011 - Cynthia called Miranda
October 2, 2011 - Cynthia visit approx. 2 hours.
August 13, 2011 - Met Cynthia at camp for approx. 4 hours.
July 5, 2011 - Cynthia visited, approx. 2 hours.
June 25, 2011 - James and Cynthia visited, approx. 5 hours.
June 10, 2011 - Cynthia visited, approx. 2 hours.
May 14, 2011 - Cynthia visited, approx. 5 hours.
April 22, 2011 - Cynthia visited, approx. 4 hours.
March 26, 2011 - James and Cynthia visited, 11:30 A.M. - 6:00 P.M.
March 11, 2011 - Cynthia visited, approx. 1 '/z hours.
February 19, 2011 - James and Cynthia visited, 10:30 A.M. - 6:00 P.M.
January 25, 2011 - Cynthia visited, approx. 2 hours.
December 17 - 19, 2010 - Miranda spent the weekend with James and Cynthia
December 12, 2010 - Cynthia visited, approx. 3 hours.
November 27, 2010 - James and Cynthia visited, 12:30 P.M. - 6:30 P.M.
-End of Report-
' OCT .15 2009 U
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-3206 CIVII, ACTION LAW
KIMBERLY SHILEY
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2009, upon
consideration of the attached Custo y Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated August 19, 2008 shall continue in effect as modified by
this Order.
2. Paragraphs 3 and 4 of the August 19, 2008 Order are vacated and replaced with the
following: The Father shall have contact with the Child only as arranged by agreement between the
parties.
BY THE
cc: berlY Shiley - Mother
Steven A. Everett - Father
0. 0 t F S eM.-LI LCCL
JO ! Ql4q
Edgar B. Bayley
,? A
STEVEN A. EVERETT
Plaintiff
vs.
KIMBERLY SHILEY
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
2008-3206 CIVIL ACTION LAVV
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 19153-8. the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Jolie Everett June 17. 2005 Mother
2. A custodv conciliation conference was initially held on September 16. 2009. with the
Mother. who filed this Petition for Contempt and Modification pro se, in attendance. It was eventually
determined at the conference that the Mother had not adequately served the Father with notice of the
conference. As a result. the conference was rescheduled to allow the Mother an opportunity to
properly serve the Father.
3. The rescheduled conference was held on October 8. 2009. with the following individuals in
attendance: the Father. Steven A. Everett, and the Mother. Kimberly Shiley. Neither party is
represented by counsel.
d. The Mother filed this Petition for Contempt and Modification based on her concern that the
Father had not made any effort to see the Child since January, 2009. This matter is complicated by a
Children and Youth investigation resulting in a finding of abuse against the Father with respect to a
child of another relationship and Children and Youth has imposed a supervision requirement with
respect to the Child who is the subject of this litigation. The parties were unable to agree on one of the
options for supervision provided by Children and Youth Services. The Father does not want to have
anything to do with the Mother who is one of the potential supervisors. and the Mother does not trust
the Father's parents to adequately protect the Child. The Father offered to terminate all fixture contact
with the Child if the Mother were willing to terminate the Child Support Order.:; The Mother indicated
that the Child needs to see her Father and the Mother filed the Petition to initiate the visitation. The
Father was not willing to do so except at his parents' residence.
5. The conciliator recommends an Order in the form as attached.
Date Daw7n S. Sunday. Esquire
Custody Conciliator
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer to
Interveners Petition for Civil Contempt for Disobedience of Custody Order and
Counterclaim for Sole Physical and Legal Custody by depositing same in the
United States Mail, First Class, postage pre-paid, and by certified return receipt
on the Twenty-fourth day of May, 2012, from Lemoyne, Pennsylvania, addressed
as follows:
Turo Robinson - Attorneys at Law
c/o Lorin A. Snyder, Esq.
129 South Pitt Street
Carlisle, PA 17013
Attorney for Interveners
Steven A. Everett
2704 Buxton Road
Harrisburg, PA 17110
Plaintiff
Kimberly A. Shiley, Pro Se
103 Hummel Avenue
Lemoyne, PA 17043
STEVEN A. EVERETT,
Plaintiff
V.
KIMBERLY SHILEY,
Defendant
V.
JAMES C. & CYNTHIA J. EVERETT
Intervenors
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3206 CIVIL TERM = `ter
>
CIVIL ACTION - LAW
IN CUSTODY == -
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition for Civil
Contempt for Disobedience of Custody Order by depositing same in the United States
Mail, first class, postage pre-paid, and by first class mail, certified return receipt on the
Sixth day of June, 2012, from Carlisle, Pennsylvania, addressed as follows:
Steven A. Everett
P.O. Box 126101
Harrisburg, PA 17112
Plaintiff
TURO ROBINSON
Lorin nyder, Esqui
129 ?A/A
uth Pitt Street
Carli le, PA 17013
(717 245-9688
STEVEN A. EVERETT,
Plaintiff
V.
KIMBERLY SHILEY,
Defendant
V.
JAMES C. & CYNTHIA J. EVERETT
Intervenors
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3206 CIVIL TERM -rM C=
:r,Q r~ r-
tom-
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CIVIL ACTION - LAW ;
IN CUSTODY -E- -;r
ANSWER TO DEFENDANT'S COUNTERCLAIM
FOR SOLE PHYSICAL AND LEGAL CUSTODY
AND NOW, come Petitioners James C. and Cynthia J. Everett, by and through the
attorneys, Turo Robinson, who file this Answer to Defendant Kimberly Shiley's
"Counterclaim for Sole Physical and Legal Custody" and in support thereof aver as follow;
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Respondents are without sufficient evidence to admit or deny this
8. Respondents admit that the report of the conciliator contains said
attributed to Steven Everett.
9. Admitted.
10. Respondents are without sufficient evidence to admit or deny this averment
11. Admitted and Denied. It is admitted that Steven Everett was present with
Respondents during Respondents' custodial period in August of 2010. It is denied that
Respondents told the Child not to discuss with Petitioner that Steven Everett was present
during Respondents' custodial period. Respondents observed no psychological distress
anxiety-driven negative behavioral patterns on the part of the Child subsequent to said
custodial period.
12. Admitted. Petitioner was found guilty of harassing Steven Everett prior to
June 2010 and thus, to the best of Respondents' knowledge, Steven Everett withholds his
contact information from Petitioner for fear of further harassment. Respondents believe it
not their place to provide information concerning Steven Everett to Petitioner, nor to
information concerning Petitioner to Steven Everett.
13. Respondents are without sufficient evidence to admit or deny this averment
14. Admitted and denied. Respondents believe therefore aver that Steven
Everett was diagnosed and treated for mental health issues, however he has subseq
been released from treatment by his treatment provider.
15. Admitted. By way of further explanation, Steven Everett is currently in the
process of appealing his indicated status to the Commonwealth Court of Pennsylvania in
order to have his record expunged.
16. Respondents are without sufficient evidence to admit or deny this averment
Steven Everett is currently in the process of appealing his indicated status to the
Commonwealth Court of Pennsylvania in order to have his record expunged.
17. Admitted.
18. Denied. Respondents have never stated that they would act against the
interests of the Child. Respondents did not indicate to Petitioner that they would allow
Steven Everett to have either physical or non-physical contact with the Child during their
custodial periods. Respondents merely stated to Petitioner that it was hoped that Steven
Everett would have his record expunged of the abuse charges so that he would be able ti
address his custody rights and thereby see the Child.
19. Denied. Cynthia Everett does not have "disabling health issues." The Chi
is in no danger in Respondent's custody.
20. Admitted and Denied. Petitioner was found guilty of harassing Steven Eve
prior to June 2010 and thus, to the best of Respondents' knowledge, Steven Everett
withholds his contact information from Petitioner for fear of further harassment.
Respondents believe it is not their place to provide information concerning Steven EverettIto
Petitioner, nor to provide information concerning Petitioner to Steven Everett.
21. Denied. Respondents' partial physical custody causes absolutely no
to the natural child/parent relationship between the Child and Petitioner. Respondents
believe and therefore aver that Petitioner makes disparaging, deceitful and malicious
comments to the Child about Respondents with an aim toward obstructing Respondents'
k
custody rights and damaging Respondents' relationship with the Child. Likewise,
Respondents believe and therefore aver that Petitioner purposefully manufactures a climail
of fear and anxiety in Petitioner's household that renders the Child fearful and anxious to ba
i
away from Petitioner.
22. Denied. Respondents have never observed any "out-of-nature" acts on the
part of the Child.
23. Admitted.
24. Admitted.
25. Admitted.
26. Admitted.
27. Denied. Respondents, James and Cynthia Everett, are a party to the
proceedings.
28. Denied.
29. Admitted.
30. No answer required.
WHEREFORE, Respondents respectfully request this Honorable Court to deny
Petitioner's request for sole physical and legal custody.
Respectfully Submitted,
TURO ROBI
Lorin ,,K. Sny2er,
PA No.203199
1 South Pitt Str(
C rlisle, PA 1701;
Fax: 717-245-2165
VERIFICATION
As the Petitioners reside in Virginia and are unavailable to sign, I verify that the
statements made in the foregoing Answer to Defendant's Counterclaim for Sole Physical
and Legal Custody are true and correct to the best of my knowledge and belief from
information provided by Petitioners. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date
STEVEN A.EVERETT
Plaintiff
IN THE COURT OF COMMON PLEAS "'
CUMBERLAND COUNTY, PENNSYLVA IA
VS.
KIMBERLY SHILEY,
JAMES C. AND CYNTHIA J. EVERETT
Defendant
2008-3206 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this l%e? day of 2012,
consideration of the attached Custody Conciliation eport, it s ordered and directed as follows:
1. The Mother shall make arrangements for the Child to participate in therapy with Ge gina
Anderson for a maximum of four sessions, unless the parties agree to additional sessions. The purpose
of the therapy shall be to assess the Child's emotional well-being and needs in light of the co flicts
which have developed between the parties and to provide guidance to the parties to address the Child's
needs. The Mother shall contact the counselor within one week of the date of the custody concil ation
conference to schedule the initial sessions. The Paternal Grandmother shall be responsible top y the
costs of up to four therapeutic sessions. The Mother shall sign any authorizations required the
counselor to share information regarding the Child's counseling with the Paternal Grandmother and
her legal counsel.
2. During the course of the therapy with Georgina Anderson, the Paternal Grandparents shall
be entitled to have telephone contact with the Child one time per week and, during the course of the
Child's therapy, the Maternal Grandparents shall follow the guidance of the counselor as tow ether
and what type of contact would be in the Child's best interests until the follow-up custody conciliation
conference.
3. At such time as the Child's fourth or final session with Georgina Anderson is scheduled,
counsel for either party or a party pro se may contact the conciliator's office to schedule a follow-up
custody conciliation conference at which time the outstanding Petition for Contempt and the Mother's
counterclaim will be addressed.
4. No party shall be permitted to relocate the residence of the Child which significantly i pairs
the ability to exercise custody unless every individual who has custodial rights to the Child consents to
the proposed relocation or the Court approves the proposed relocation. A person proposing to re ocate
MUST comply with 23 Pa. C.S. § 5337.
5. This Order is entered pursuant to an agreement of the parties at a custody concili tion
conference. The parties may modify the provisions of this Order by mutual consent in writing. I the
absence of mutual consent in writing, the terms of this Order shall control.
BY THE COURT,
J.
cc: V Kimberly Shiley - Mother
? Lorin A. Snyder Esquire - Counsel for Paternal Grandparents
V Steven A. Everett - Father cG '
row, ;_-
` S l xa
re
CO ?
7> n a µ t= .
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVA
VS.
KIMBERLY SHILEY,
JAMES C. AND CYNTHIA J. EVERETT
Defendant
Prior Judge: Edgar B. Bayley
2008-3206 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Everett June 17, 2005 Mother
2. A custody conciliation conference was held on July 11, 2012, with the following indiv duals
in attendance: the Mother, Kimberly Shiley, who is not represented by counsel, and the Paternal
Grandmother, Cynthia J. Everett, with her counsel, Lorin A. Snyder Esquire. Neither the father,
Steven A. Everett, nor the Paternal Grandfather, James C. Everett, attended the conference.
3. The conference was scheduled on the Paternal Grandparents' Petition for Contempt a1-
Mother's counterclaim for sole custody.
4. d the
The parties agreed to entry of an Order in the form as attached.
T 1&
Date
Dawn S. Sunday, Esquire
Custody Conciliator
S
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY,
JAMES and CYNTHIA EVERETT
Defendant IN CUSTODY ~ ~ _ ,
~
~
~ =~~ --
~
~ ~ ~ i--
~ y
~
~' ~'J
ORDER OF COURT ~ ~ ~';
< ~.~: -
-n
AND NOW, this ~ ~ day of /~~~P~~r~,~.~ -~µ N
~ .T 20.2, ~~'_
upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as fol~iovSs"'
1. The prior Orders of this Court dated December 11, 2009, and July 17, 2012, are vacated and
replaced with this Order.
2. The Mother shall have primary physical custody of Miranda Everett, born June 17, 2005.
3. The Paternal Grandparents shall have partial physical custody of the Child as follows:
A. The Paternal Grandparents shall have custody of the Child on Saturday, November
17, 2012 from 10:00 a.m. unti15:00 p.m. during which time it is anticipated that the Grandparents will
not take the Child to her roller skating lesson.
B. The Paternal Grandparents shall have custody of the Child on December 1, 2012 and
continuing thereafter on the first Saturday of every month from 10:00 a.m. until 7:30 p.m. The
Paternal Grandparents shall take the Child to her skating lesson if one is scheduled through the end of
January 2013.
C. The Paternal Grandparents shall have custody of the Child for a holiday period of
custody on December 22, 2012 from 12:00 noon unti17:30 p.m. for which the Grandparents shall take
the Child to her skating lesson if it is scheduled. The Paternal Grandparents may have custody of the
Child earlier than 12:00 noon if the Mother does not have Christmas Cookie baking day scheduled
during that morning.
4. The Paternal Grandparents shall exercise their periods of custody with the Child in
Pennsylvania and shall not take the Child to their residence in Virginia unless agreed in advance by the
Mother.
5. The Paternal Grandparents shall provide all transportation for exchanges of custody to and
from the Mother's residence unless otherwise agreed between the parties.
6. The Paternal Grandparents shall ensure that the Child does not have any contact with the
Father, either in person or by telephone, during the Grandparents' periods of custody. The Paternal
Grandparents may have liberal reasonable telephone contact with the Child.
7. The Mother shall make arrangements for the Child to have one additional counseling
appointment with Georgina Anderson which shall be scheduled, if possible, during the Christmas
break between the Grandparents' December 22 period of custody and the first period of custody in
January, 2013. The purpose of the counseling session shall be to ensure that the Child is adjusting well
emotionally to the resumption of regular visits with the Grandparents and to provide written feedback
from the counselor to the Mother and the Grandparents only. The purpose of the feedback is to
provide information and guidance to the Mother and Grandparents to promote their cooperation in
promoting the Child's emotional well-being in their ongoing contacts. The Paternal Grandparents shall
pay the costs of the counseling session.
8. No party shall do or say anything which may estrange the Child from the other parties,
injure the opinion of the Child as to the other parties, or hamper the free and natural development of
the Child's love and respect for the other parties. All parties shall ensure that third parties having
contact with the Child comply with this provision.
9. No party shall be permitted to relocate the residence of the Child which significantly impairs
the ability to exercise custody unless every individual who has custodial rights to the Child consents to
the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate
MUST comply with 23 Pa. C.S. § 5337.
10. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent in writing. In the
absence of mutual consent in writing, the terms of this Order shall control.
BY THE COURT,
~~ ,..
Christylee .Peck J.
cc:
rin A. Snyder Esquire -Counsel for Paternal Grandparents
/Bradley L. Griffie Esquire -Counsel for Mother
.~3'teven A. Everett -Father /
1
STEVEN A. EVERETT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
2008-3206 CIVIL ACTION LAW
KIMBERLY SHILEY, :
JAMES and CYNTHIA EVERETT
Defendant IN CUSTODY
Prior judge is Christylee L. Peck.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Miranda Everett June 17, 2005 Mother
2. A custody conciliation conference was held on November 12, 2012, with the following
individuals in attendance: the Mother, Kimberly Shiley, with her counsel, Bradley L. Griffie Esquire,
and the Paternal Grandparents, James and Cynthia Everett, with their counsel, Lorin A. Snyder
Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator